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Agenda 11/10/2020 Item #16A12 (Resolution - Amending Ord. 04-66 Administrative Code for Land Development)11/10/2020 EXECUTIVE SUMMARY Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that created an Administrative Code for Land Development, by amending Chapter Three, Quasi - Judicial Procedures with a Public Hearing, more specifically to amend Section G.6., Zoning Verification Letter - PUD Comparable use Determination, to remove the Comparable Use Determination Process from the Zoning Verification Letter process and to create the comparable use determination process, including evaluation criteria, as a means of determining if a new use is comparable, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or PUD ordinance; and providing an effective date. (This is a companion to Agenda Item ME). OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed amendment to the Collier County Administrative Code for Land Development (Administrative Code). CONSIDERATIONS: The Administrative Code provides the processes and procedures for the review of various land use petitions or applications identified within the Land Development Code (LDC). This Administrative Code amendment is a companion item to an LDC amendment (PL20190000389) that proposes to revise and clarify the procedures for a Comparable Use Determination (CUD). The changes to the Administrative Code in this amendment will establish the CUD application process and submittal requirements. The request to advertise the companion LDC amendment will be reviewed by the Board on October 27, 2020. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The Development Services Advisory Committee -Land Development Review Subcommittee (DSAC- LDR) reviewed the proposed changes to the Administrative Code and LDC on June 18, 2019, and unanimously recommended approval with the following changes: 1. The determination for the comparable use remains with the Hearing Examiner and appealable to the Board. 2. LDC section 10.02.06 K.2.a: The language be amended to provide flexibility in application of the criteria. For example, consider using, "...characteristics may include but not be limited to..." The Development Services Advisory Committee (DSAC) reviewed the proposed changes to the Administrative Code and LDC on August 7, 2019, and unanimously recommended approval with the following changes: 1. LDC section 10.02.06 K.2.a: Introduction to read, "...including but not limited to the following as applicable:" 2. The determination of a comparable use to be the responsibility of the Hearing Examiner. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: On September 9, 2020, the Collier County Planning Commission (CCPC) unanimously recommended approval of the LDC amendment with the following conditions: 1. If the Hearing Examiner decides against hearing the Comparable Use Determination, the CCPC shall review the petition in lieu of the Board. Packet Pg. 1179 11/10/2020 2. Change proposed LDC section 10.02.06 K.I. to read: "The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD." 3. Change the proposed LDC section 10.02.06 K.2.b. to read: The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. 4. Move the proposed text of LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and insert new language into subparagraph d. to read as follows: The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The above conditions have been incorporated into the companion LDC amendment. The incorporation of these conditions into the LDC amendment necessitated a minor update to the text that is proposed in this Administrative Code amendment. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS This item is approved as to form and legality and requires a majority vote for Board approval. If the companion LDC amendment is not adopted, then this item would be withdrawn. (HFAC) RECOMMENDATION: To approve the proposed Resolution amending Ordinance No. 2004-66, as amended, the Collier County Administrative Code for Land Development and direct staff as to any changes. Prepared By: Eric L. Johnson, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. resolution. 102620.administrative code (PDF) 2. Companion Ordinance (PDF) 3. Companion LDC Amendment (PL20190000389 - Comparable Use Determination) (PDF) Packet Pg. 1180 16.A.12 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doe ID: 13897 Item Summary: Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that created an Administrative Code for Land Development, by amending Chapter Three, Quasi -Judicial Procedures with a Public Hearing, more specifically to amend Section G.6., Zoning Verification Letter — PUD Comparable use Determination, to remove the Comparable Use Determination Process from the Zoning Verification Letter process and to create the comparable use determination process, including evaluation criteria, as a means of determining if a new use is comparable, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or PUD ordinance; and providing an effective date. (This is a companion to Agenda Item 17.E). Meeting Date: 11/10/2020 Prepared by: Title: Planner, Principal — Zoning Name: Eric Johnson 10/12/2020 2:32 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 10/12/2020 2:32 PM Approved By: Review: Zoning Growth Management Department Zoning Zoning Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget Budget and Management Office County Attorney's Office County Manager's Office Board of County Commissioners Ray Bellows Additional Reviewer Judy Puig Level 1 Reviewer Jeanne Marcella Additional Reviewer Jeremy Frantz Additional Reviewer Thaddeus Cohen Department Head Review James C French Deputy Department Head Review Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Mark Isackson Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 10/13/2020 2:19 PM Completed 10/14/2020 9:47 AM Skipped 10/19/2020 9:38 AM Completed 10/20/2020 1:35 PM Completed 10/21/2020 2:52 PM Completed 10/21/2020 5:23 PM Completed 10/26/2020 9:43 AM Completed 10/26/2020 10:01 AM Completed 10/27/2020 8:27 AM Completed 10/28/2020 10:44 AM Completed 11/04/2020 8:58 AM 11/10/2020 9:00 AM Packet Pg. 1181 16.A.12.a RESOLUTION NO.2020 - A RESOLUTION AMENDING ORDINANCE NO. 2004-66, AS AMENDED, THAT CREATED AN ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, BY AMENDING CHAPTER THREE, QUASI- JUDICIAL PROCEDURES WITH A PUBLIC HEARING, MORE SPECIFICALLY TO AMEND SECTION G.6.9 ZONING VERIFICATION LETTER — PUD COMPARABLE USE DETERMINATION, TO REMOVE THE COMPARABLE USE DETERMINATIONS FROM THE ZONING VERIFICATION PROCESS AND CREATE A NEW PROCESS; AND PROVIDING AN EFFECTIVE DATE. [PL20190000389] WHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No. 2004-66 on October 12, 2004, which created an Administrative Code for Collier County; and WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the adoption of Ordinance No. 2013-57 on September 24, 2013; and WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B," the Administrative Code for Land Development, which shall be maintained by the County Manager or designee; and WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain the Administrative Code shall be made by resolution adopted by the Board; and WHEREAS, the Board desires to revise the Administrative Code for Land Development, to remove the Comparable Use determinations from the Zoning Verification process and create a new process, as described in Exhibit "A," attached hereto. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, is hereby amended as reflected in attached Exhibit "A". SECTION ONE: CHAPTER 3, SECTION G.6 Chapter 3, Section G.6 of the Administrative Code for Land Development is hereby amended as reflected in attached Exhibit "A". 10/26/2020 [19-LDs-0406711576187111 10/10/15/2020 4/20/18 Packet Pg. 1182 16.A.12.a SECTION TWO: EFFECTIVE DATE This Resolution shall become effective on the date of adoption by the Board. THIS RESOLUTION ADOPTED by majority vote this day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA wa Deputy Clerk al Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney 1��c Attachments: Exhibit A — Chapter 3, Section G.6 — "Zoning Verification — PUD Comparable Use Determination BURT L. SAUNDERS, CHAIRMAN 10/26/2020 [19-LD5�0006711576187I11 10/10/15C2020 4120/18 Packet Pg. 1183 16.A.12.a Exhibit A G-.&L. ZoningVerification Letter - PUD Comparable Use Determination Reference LDC subsections 2.03.00 A, 10,02.06 3K LDC Public Notice subsection 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. Applicability A ZGRORO "ersfiC;4*i0^ '-tt�°Comparable Use Determination may be used to make a determination that a new use is comparable, compatible, and consistent with the list of identified permitted .,pd_ P_ARa4JA_.Ra uses in a standard zoning district overlay, or a PUD ordinance. consent by the HeaFlAg Exarniper will o Pre -Application A pre -application meeting is not required. Initiation The applicant files a 7-on y ,',,.;4cotion 'ette Comparable Use Determination Application" with the Pla nn ng& Zoning Division. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: ■ Site folio number; • Site Address; ■ Property owner's name; and ■ Verification being requested. 3. A narrative statement that describes tThe determination request�a�nd the justification for the use by a certified land use planner or a land use attorney, and addresses the standards within LDC section 10.02.06 K.2. 4. Additional materials may be requested by staff depending on the use and justification provided. S. PUD Ordinance and Development Commitment information, if applicable. 6. Electronic copies of all documents. 7. Addressing checklist. Completeness Theta Zoning Division will review the application for completeness. After and Processing submission of the completed application packet accompanied with the required fee, the of Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XHPL201200000) assigned to the petition. This Packet Pg. 1184 16.A.12.a Exhibit A petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. p See Chapter8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement. At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: ■ Date, time, and location of the hearing; • Application number and project name; • PU❑ name and ordinance number; • Proposed permitted use; and • Wheth er the u .mII be a ppreved- a affirmed by the Hea Fi RE Examinee aY+� • Description of location. Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. <*5ee Chapter 9 of the Administrative Code for the office of the Hearing Examiner procedures. Decision maker The Hearing Examiner or the CCPC. If the PUI] ordinance language identifies the CCPC or the Planning director or other similar Co u nty staff as the a uthority to determine a use is cam arable co 0 atible and consistent a Staff Report will be presented to the Hearing Examiner or the CCPC for approval of the Comparable Use Determination. Review Process The Planning & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner or the CCPC for a decision. Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and Ordinances section 250-58. Updated Packet Pg. 1185 16.A.12.b ORDINANCE NO. 2020 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO EXTEND THE AVAILABILITLY OF THE TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDIT FOR SENDING LANDS IN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY, TO REVISE THE PROCEDURES AND APPROVAL PROCESS FOR COMPARABLE USE DETERMINATIONS, TO MODIFY THE TIMEFRAMES AND PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP RECEIVING AREA, TO ESTABLISH AN APPROVAL PROCESS AND DEVELOPMENT STANDARDS FOR EVENTS WHICH TAKE PLACE IN COUNTY RIGHT-OF-WAY, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR -- SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 6.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and M05.20 Pagel of 28 Words gfHc�� are deleted, words underlined are added Packet Pg. 1186 16.A.12.b WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on September 9, 2020, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on , 20_, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 of seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. Vill, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 10.05.20 Page 2 of 28 Words ..tmek throu are deleted, words underlined are added Packet Pg. 1187 16.A.12.b 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shah be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the 10,05.20 Page 3 of 28 E L 0 r- 0 0 a E 0 U 0 E 0 r r a Words stFucL� are deleted, words underlined are added Packet Pg. 1188 16.A.12.b I' land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. 5tat., and Chapter 153, Fla. 5tat., and through these amendments to the Code. 10,05.20 Page 4 of 28 Words stmok three are deleted, words underlined are added Packet Pg. 1189 16.A.12.b SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES Section 2.03.00, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.00 — Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses In order to carry out and implement the Collier County G M P and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted apA GORditienal uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 4-.064910.02.06K., WAeq,rn+n+ir.nc * * * * * * * * * * * * SUBSECTION 3.13. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 — Commercial Zoning Districts A. Commercial Professional and General Office District (C-1 ). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning 10.05.20 Page 5 of 28 Words stmok�gh are deleted, words underlined are added Packet Pg. 1190 16.A.12.b district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 41. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office as determined by the Hearing Examiner or CCPCpursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. ►7' - - - - �- ..- ., l 0,05.20 Page 6 of 28 Words s#uek thr-au are deleted, words underlined are added Packet Pg. 1191 16.A.12.b B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 74. Any other commercial convenience ^r professiuse which is comparable in nature with the )list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. the beaFd of T^^i^^ C. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in section 10.08.00. �- 0 F; nature with the foregoing (G. 2) list of peFrnitted Uses and r,onsFstent with the PUFP06e and intent statement of the 10.05.20 Page 7 of 28 Words fig# are deleted, words underlined are added Packet Pg. 1192 16.A.12.b C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 96. Any other intermediate commercial use which is comparable in nature with the )list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. pursuant to 6eGtien 10.08-00. M05.20 Page 8 of 28 Words s,�....,�gh are deleted, words underlined are added Packet Pg. 1193 16.A.12.b rl c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. Z sl'e .. _ .. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. P3 142. Any other ep neral commercial ^r nrotessinnal use which is comparable in nature with the (G-4-) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC pursuant to LDC section 10.02.06 K. 1 10.05.20 Page 9 of 28 Words stpde'�gh are deleted, words underlined are added Packet Pg. 1194 16.A.12.b C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in section 10,08.00. E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 10,05.20 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 183. Any other heavy commercial or pFofesrienal use which is comparable in nature with the kG--14-list of permitted uses and consistent with the purpose and intent statement of the district., as determined by the Hearing Examiner or CCPC pursuant to LDC section 10.02.06 Kboard of zening appealr,, * * * * * * * * * * * Page 10 of 28 Words tau are deleted, words underlined are added Packet Pg. 1195 16.A.12.b C. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08.00. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03,04, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 — Industrial Zoning Districts c U A. Industrial District (l). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, L wholesaling, and distribution. Service and commercial activities that are related N to manufacturing, processing, storage and warehousing, wholesaling, and E distribution activities, as well as commercial uses relating to automotive repair a and heavy equipment sales and repair are also permissible in the I district. The district corresponds to and implements the industrial land use designation on the 00 future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses o within the industrial district (1). r- 0 a E 0 C. Conditional uses. The following uses are permitted as conditional r uses in the industrial district (1), subject to the standards and procedures established in section 10.08.00. r r the foFegeing list ef permitted uses and Gensistent with t p Fpose and intent statemei# of the district as determinnCl IV[I1V[, MV VY[Y.l..�. .....v 10.05.20 Page 11 of 28 Words stpaak thfough are deleted, words underlined are added Packet Pg. 1196 16.A.12.b i B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: 34. Any other use which is comparable in nature with the list of permittedfamoiag uses and m6 othepwFse rlearl consistent with the intent purpose and intent statement of the district as determined by the Hearing Examiner or CCPCpursuant to LDC section 10.02.06 K. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 10.05.20 Page 32 of 28 Words ugh are deleted, words underlined are added Packet Pg. 1197 16.A.12.b * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 14. Any other public structures and uses which are comparable in nature with the feregeiflg list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Hearing Examiner or CCPCpursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in section 10.08.00: • fr.Fegoing uses -44 13. Earthminin . SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 — Overlay Zoning Districts * * * * * * * * * * * * * D. Special Treatment Overlay (ST). * * * * * * * * * * * * * 4. Transfer of Development Rights (TDR). C. TDR credits from RFMU sending lands: General Provisions 10.05.20 Page 13 of 28 Words Mgr are deleted, words underlined are added a Packet Pg. 1198 16.A.12.b f * ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types of TDR Bonus credits are as follows: * * * * * * * * * * c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004, until Mafsh September 27, 2012 2022 unless further extended b resolution bv the Board of Counly Commissioners. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. * * * * * * * * * * ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions, as well as maintain a public listing of TDR credits available for sale along with a fisting of purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. b) TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 10.05.20 Page 14 of 28 Words &�...,�O are deleted, words underlined are added E E a CL 0 m 0 J L 0 0 0 U m r L t+ T) E a a) 00 Cl) 0 C 0 .E a E 0 U r c d E r a Packet Pg. 1199 16.A.12.b 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until Mrsh 27, September 27 2022, unless further extended by resolution by the Board of County Commissioners, shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO). 2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as measured perpendicularly from the abutting right-of-way for a distance of approximately 3,500 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. a. Permitted Uses. * * * * * * * * * * * * * 42. Any other commercial use or pFefes6ional seFy'Ge which is comparable in nature with the foregakf q- st of permitted uses, and consistent with the purpose and intent statement of the overly, as determined by the Hearing Examiner or CCPC pursuant to LDC section 10.02.06 K. 10,05.20 Page 15 of 28 Words s.,.,.^L� are deleted, words underlined are added a Packet Pg. 1200 16.A.12.b G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in section 10.08.00 and as set forth below: * * * * * * * * * * * * * iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: SUBSECTION 3.F. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION Section 4.08.07, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.05.20 Page 16 of 28 Words stFusk throug are deleted, words underlined are added r a Packet Pg. 1201 16.A.12.b 4.08.07-SRA Designation E. SRA Application Review Process Pre -Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre - application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre - application conference shall be required. This pre -application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b. Consideration of suitability criteria described in LDC sSection 4.08.07 A.1. and other standards of this Section; C. SRA master plan compliance with all applicable policies of the RLSA ❑istrict Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses, and; e. Consideration of impacts, including environmental and public infrastructure impacts. 2. Application Package Submittal, and Processing Fees, and Review. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with LDC ssection 4.08.07 ❑. The review and approval of the application shall be in accordance with section 125.022 Florida Statutes. "ETHRMSOM- . . rr-ratrs Aft MMWVM rl". . M. ............... - -- - - - - - 10,05.20 Page 17 of 28 Words s#uok4hF&ugh are deleted, words underlined are added Packet Pg. 1202 16.A.12.b 9190- 1". 00. - • i SUBSECTION 3.G. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS Section 5.04.05, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.05 — Temporary Events A. Special Events. This section establishes the location and development standards for special events, including temporary market events, sales and promotionsI events, and sports, religious, and community events and events in Count right-of-way. 1. Standards applicable to all special events. a. Sanitary facilities shall be provided for the duration of the event. Proof of consent by business management shall be provided if permanent business restrooms are to be used. b. Safe ingress and egress shall be provided to the site, including emergency access measures. C. A maximum of 25 percent of the vehicular use area may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise associated 10.05.20 Page 18 of 28 Words stfuek through are deleted, words underlined are added Packet Pg. 1203 16.A.12.b E7 with the special event, unless equivalent additional off -site parking is provided. d. The minimum required number of handicapped parking spaces for the site pursuant to LDC section 4.05.07 shall not be used for the special event. e. In support of the special event, temporary structures, equipment, merchandise, and signage may be placed on the site subject to the approval of a site diagram depicting the locations of principal structures, parking, temporary structures, and signage. Temporary signage shall be subject to the restrictions set forth in LDC section 5.04.06. All temporary structures, equipment, merchandise, or placement and parking of vehicles in conjunction with the special event shall be located in a parking lot or open space at least 10 feet from the property line except events in County right-of-way that are approved in accordance with LDC section 5.04.05 A.5. All temporary structures equipment, merchandise or placement and arkin of vehicles in conjunction with the special event apd shall be removed at the conclusion of each event. iii. A building permit may be required for the erection of temporary tents or structures. See Collier County Code of Laws Sections 118-102 and 118-131 to 118-155, or successor sections, for additional standards related to solid waste and recycling collection. g. No sales, advertising, or other activity related to the special event shall be permitted in the public right-of-way in accordance with Collier County Code of Laws Section 26-1, or successor sections, unless approved in accordance with LDC section 5.04.05 A.5. h. Application. The Administrative Code shall establish the procedural requirements for special events. 5. Events in County Right -of -Way. a. A tem ora use permit shall be required for events which take place in any County right-of-way. 10.05.20 Page 19 of 28 Words fig# are deleted, words underlined are added Packet Pg. 1204 16.A.12.b 10.05.20 b. The tem ora use permit application shall be submitted at least 120 days prior to an event that re uires Hearing Examiner or Board approval or 60 days prior to an event that recluires administrative approval. C. At a minimum tem ora use permit applications for events shall be reviewed by the following Collier County departments, divisions and outside agencies: L Collier County Growth Management Department shall determine compliance with all applicable_ requirements. ii. Collier County Sherriff's Office shall determine whether any additional security or police service is necessary_ 61. The applicable Fire District shall determine whether an additional fire service is required. iv. EmergencyEmergengy Medical Services shall determine whether an additional medical services are re uired. V. Collier Counly Bureau of Emergency Services shall determine whether additional crowd control is required. vi. Collier Coun Risk Management shall determine whether additional insurance or bonds are required for the event. d. Anv event that necessitates the use of the right-of-way of any arterial or collector roadway, or any event which necessitates closing all or art of any County ri ht-of-waybetween the hours of 7:00 AM through 9:00 AM or 3:30 PM thrau h 6:30 PM shall require review and approval at a publiG hearing of the Hearing Examiner or Board of County Commissioners. Public notice shall be in accordance with LDC section 10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the Board of Zoning Appeals. e. Events that do not require a public hearing as set forth in LDC section 5.04.05 A.5.d above shall be reviewed by the Counly Manager or designee. Any appeal from an administrative determination shall be to the Hearing Examiner or Board of Zoning Appeals, as applicable. f. Criteria for review: i. The applicant has complied with all required criteria on the permit application form. ii. Sufficient support personnel, including certified crowd managers are available to assist in the conduct of the event. Page 20 of 28 E aD E a r CL 0 (D a� 0 m J L 0 a) 0 U m r 0 L f+ .E E a 00 m L 0 C 0 .E a E 0 U E r a Words stmok through are deleted, words underlined are added Packet Pg. 1205 16.A.12.b iii. Adequate support facilities are available for the event including. but not being limited to, parking, refuse collection, sanitation and lighting. iv. No conflict exists with the requested event and other approved and previously scheduled events. V. Crowd size has been determined to be a manageable size for the proposed event and site. v_i._ _ The event is generally compatible with the character of the surrounding area. vii. The applicant complied with the terms and conditions of any previously approved permits. Applications shall include a site Dian and route mac that shows the proposed route of the event, areas of assembly or dispersal, parking areas location of temporary signs, maintenance of traffic signs (such as detour signs, barricades, or cones), stationing of any crowd managers, officers, or flag persons, temporary detours to be utilized by the public, and all temporary construction or structures (stages, booths, water and toilet facilities, etc.). h. The placement and location of maintenance of traffic signs shall be in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended, and FDQT's Roadway and Traffic Desiqn standard plans. i. Certified crowd control managers shall be provided at a minimum ratio of one per 250 participants or attendees. Hiring of off-duty_law enforcement officers shall satisfy the requirement for certified crowd control managers. The Countv Manager or desianee may revoke a temporary use permit if it is determined that any condition or stipulation has been violated, that the approval was in error or based on inaccurate information, or that the use negatively impacts the surrounding uses or poses _a safety_ hazard, or otherwise is negatively impacting_the safety_, health or welfare of the general public. 10.05.20 Page 21 of 28 E E a CL 0 aD a� 0 0 J L �0 0 CU r L t, E a 00 m 0 C 0 a E 0 U E r r a Words struck #wexgh are deleted, words underlined are added Packet Pg. 1206 16.A.12.b SUBSECTION 3.H. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS Section 5.04.06, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.04.06 - Temporary Signs A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way. except when an. event in the County right-of-way is approved and a tem ora use permit is issued in accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi -tenant parcel or mixed use building, may display 1 on -site temporary sign; a second such sign may be displayed on a property having a second street frontage. C. Absent specific standards to the contrary, temporary signs shall be located onsite and no closer than 10 feet to any property line. d. Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height. e. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. 10.05.20 Page 22 of 28 Words ..truck through are deleted, words underlined are added Packet Pg. 1207 16.A.12.b B. Temporary Sign Permit Types and Standards. 1. Temporary Events. A temporary use permit for a temporary event, issued per LDC section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein. a. A "sign only" temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or activity not requiring a temporary event temporary use permit per LDC section 5.04.05 of this Code. Such uses include, however are not limited to, study or course offerings, vacation camp, non-public indoor events, and sales events occurring within the confines of an established business. "Sign only" temporary use permits will be allowed, regulated, and enforced as special event signs. ii. Time limits for "sign only" temporary use permits shall be the same as those for special events, see LDC subsection 5.04.05 A.3. b. Special event signs. Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. C. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. e. Temporary signs for events in County right-of-way. i. Signs may display the event, name, date, location and a directional arrow pointing to the direction of the event onl ii. No sales advertisement or commercial message is allowed on signs. iii. Maximum dimension of Z feet by 3 feet. iv. No signs shall be erected more than seven days prior to a scheduled event and all signs must be removed within three business days after the event completion. V. No signs shall be located within the right-of-way medians. 10.05.20 Page 23 of 28 Words ugh are deleted, words underlined are added Packet Pg. 1208 16.A.12.b vi. No sicins shall be attached to traffic control signs or other authorized highway signs and impede vehicular or pedestrian traffic. vii. Limited to six signs within a five -mile radius of the event boundaries. However, events recognized at a regular meeting of the Board of County Commissioners to benefit the Communily and promote tourism are limited to up to 40 signs. SUBSECTION 3.1. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR PERMITS Section 10.02.06, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 — Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status off the property. b. Gornpamble Use e- h. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, 10.05.20 Page 24 of 28 Words fig# are deleted, words underlined are added Packet Pg. 1209 16.A.12.b may issue a zoning verification letter to establish that a non- residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. d- c. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination CUD shall be used to determine whether a use is comparable in nature with the list of permitted uses and the purpose and intent statement of the zoning district overlay, or PUD. 2. To be effective the Comparable Use Determination shall be approved b the Hearing Examiner by decision or Board of Zoning Appeals b resolution at an advertised public hearing based on the followin-g standards as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district overlay, or PUD including but not limited to the following: ii. Operating hours; ii. Traffic volume generated/attract iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and V. Business practices and activities. b. The effect of the proposed use would have on neighboring ro erties in relation to the noiseglare, or odor effects shall be no greater than that of other permitted uses in the zoning district overlay, or PUD. C. The ❑robosed use is consistent with the GMP, meaninq.. the applicable future land use designation does not specifically rohibit the proposed use and where the future land use designation contains a specific fist of allowable uses the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. 10.05.20 Page 25 of 28 Words ..,r...,U�"gh are deleted, words underlined are added Packet Pg. 1210 16.A.12.b e. _ Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Section 10.03.06, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.06 Public Notice and Required Hearings for Land Use Petitions O AMFFRatIOR OF -Approval of a Comparable Use Determination_ pursuant to LDC section 10.02.06 K. ZORiRg VeFifieatieR I efteF that A46 a PeW i th�f is 1. The following advertised public hearings are required: a. One CCPC E�GG or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. Z. Events in County Right -of -Way, pursuant to LDC section 5.04.05 A.5. 1_ _ _ The following advertised public hearing is required: L 0 a. One Hearing Examiner or BCC hearing. o 2. The fallowing notice procedures are required: � E 0 U a. Newspaper advertisement prior to the advertised public hearing in accordance with F.S. 125.66. E b. Mailed notice prior to the first advertised public hearing._ For the r purposes of this application, all mailed _notices shall be sent to a property owners, neighborhoods and business associations within one -quarter mile of the County right-of-way impacted by the event. 10.05.20 Page 26 of 28 Words ugh are deleted, words underlined are added Packet Pg. 1211 16.A.12. b =10I[a]► I7.1l1:�d•].194 [at r,1.I DI&I ATl=1:?_►=314 tr•A In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE State. This Ordinance shall become effective upon filing with the Florida Department of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA in , Deputy Clerk Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney in 10,05.20 Page 27 of 28 BURT L. SAUNDERS, Chairman Words - � paek4k*ter ug are deleted, words underlined are added Packet Pg. 1212 16.A.12.b 20-CMP-01081/2 9/22/2020 PL20190002819; PL20190000389; PL20200000268; PL20190002647 al CO M d V C R C E L O 0 0 0 Q E 0 U c d E t v r r Q 10.05.20 Page 28 of 28 Words ugh are deleted, words underlined are added Packet Pg. 1213 16.A.12.c Collier co"nty Growth Management Department LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190000389 ORIGIN Growth Management Department (GMD) HEARING DATES BCC 11/10/2020 CCPC 09/09/2020 DSAC 08/07/2019 DSAC-LDR 03/19/2019 06/18/2019 SUMMARY OF AMENDMENT This amendment is intended to revise and clarify the procedures and approval process for Comparable Use Determinations. LDC SECTIONS TO BE AMENDED 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 10.02.06 Requirements for Permits 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval Approval Approval with Recommendation BACKGROUND Currently, when an applicant submits an application for a Zoning Verification Letter - Comparable Use Determination, staff reviews the application, makes a determination on the compatibility of the proposed use and drafts the Zoning Verification Letter (ZVL). Once the ZVL has been completed, the ZVL and all necessary backup materials are brought before the Hearing Examiner or the Board of Zoning Appeals (BZA) for affirmation. This current process of generating a ZVL and then going before the Hearing Examiner or BZA for affirmation has proven to be confusing for customers. Additionally, staff has requested that there be standards to determine if a proposed use is comparable to the list of permitted uses within that district, which has been added to LDC section 10.02.06 K.2. This proposed LDC amendment removes the Comparable Use Determination process from the Zoning Verification Letter process and provides criteria to make a comparable use determination. This will change the process of providing the determination through a ZVL to now providing a recommendation through a Staff Report. The Staff Report will then be reviewed for approval by the Hearing Examiner or the Collier County Planning Commission (CCPC). Additionally, the industrial and commercial zoning districts' list of conditional uses, allows for a comparable use determination for permitted uses to follow the conditional use review process. This conflicts with the other sections of the LDC and the comparable use determination process that is utilized today. Therefore, the language that reflects a conditional use process for a permitted use has been removed. 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CU D\Com parable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1214 16.A.12.c Collier co"nty Growth Management Department DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment, subject to the following: • The process of the Comparable Use Determination affirmation with the Office of the Hearing Examiner remains in place; • Information regarding the ability to appeal the Comparable Use Determination is provided for; and • Provide flexibilty in the application of the criteria within LDC section 10.02.06 K.2. DSAC Recommendation The DSAC recommended approval of the proposed LDC amendment, subject to the addition of "as applicable" to the end of LDC section 10.02.06 K.2. CCPC Recommendation The CCPC recommended approval of the proposed LDC amendment, subject to the following: If the Hearing Examiner decides against hearing the Comparable Use Determination, the CCPC shall review the petition in lieu of the BCC. 2. Change proposed LDC section 10.02.06 K.1. to read: "The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD." 3. Change the proposed LDC section 10.02.06 K.2.b. to read: The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. 4. Move the proposed text of LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and insert new language into subparagraph d. to read as follows: The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The above conditions have been incorporated into the proposed language. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed impacts associated with this amendment. by Comprehensive Planning staff and may be deemed consistent with the GMP EXHIBITS: A) Amendment History and Existing PUD Standards; and B) Administrative Code 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CU D\Com parable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1215 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Amend the LDC as follows: Text underlined is new text to be added Text strikethrei gh is ono text to he deleted 2.03.00 — ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted afd GRdit;m,auses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and ^^r,.1409 uses , which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 010.02.06 K.,, i nterpretatiGnsf of this I lii' # # # # # # # # # # # # # 2.03.03 — Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 41. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1216 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT Text underlined is new text to be added Text otrikethre nh 'c ono text to he deleted functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. 16. A �i� Other 9nV Ge GGMMeFni�a WhiGh iS GOmparable iR note ire with the fereOOiRg list Of permitted uses and GOncistent �niithhfrilifrmited and Gnciste Rt nt the purpose and intent statement Of the district as determiner, h�ithedictrir��cdetermiRed-by e the beam, Of ZnniRg anneals p ors cant tO centiOn 10.08.00. * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the Iocational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 74. Any other commercial convenience er nrefessienal use which is comparable in nature with the kG list of permitted uses and consistent with the purpose and intent statement of the district, as 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1217 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT Text underlined is new text to be added Text strikethre„gh is GUFF8Rt t8Xt 4e he deleted determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. the beapd Of ze^,T„9--appeals., puTsuaRt to * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in section 10.08.00. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 5 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1218 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT Text underlined is new text to be added Text strikethrei gh is GUFF8Rt t8Xt 4e he deleted 96. Any other intermediate commercial or pFefessie use which is comparable in nature with the kG4)-list of permitted uses and consistent with the purpose and intent statement of the district., as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. board Of ZORiRg appeals, pursuant to seGtuE)R C. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 142. Any other general commercial er prefessieRal use which is comparable in nature with the fC� list of permitted uses and consistent with the purpose and intent statement of the district., as 6 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1219 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text otrikethrei gh is GLIFFono text to he deleted determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K.beard Of ZE)RiRg appeals., pursaaRt W sectlE)R * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 183. Any other heavy commercial er pr„fessi„nal use which is comparable in nature with the �C�list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K beard of wing oppealc pursuant to Se Gtien 10.08.00 * * * * * * * * * * * * * 7 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1220 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Text strikethre. gh 66 GUFF8Rt text to he deleted C. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08.00. 1 4nv other VY iol use whi Mparabl n note ire with e�v�C$r� �e� ^�-aac-vv�� r C�mpurctpre�m�ucarc-vvrcr r the foregoing list of permitted uses aR d consistent with the purpose onrd intent statement of the district as determined by the heaF d of Zoniniv anneals p irsi cant to section 10.09.00. * * * * * * * * * * * 1'F tt tt tt 1'F 1'Y tt it it it it 1'F 1'F 2.03.04 — Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). C. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in section 10.08.00. B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are 8 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 16.A.12.c DRAFT Text underlined is new text to be added Text strikethre„gh 66 GUFF8Rt t8Xt 4e he deleted permitted as of right, or as uses accessory to permitted primary or secondary uses or are conditional uses within the business park district. �a J a. Permitted primary uses. One hundred percent of the total business park o district acreage is allowed to be developed with the following uses: 0 * * * * * * * * * * * * * V 34. Any other use which is comparable in nature with the list of permittedfsrge 49 uses and io etheRNioe Glean,' consistent with the intent and purpose and intent statement of the district, as determined by the Hearina Examiner or CCPC. Dursuant to LDC section 10.02.06 K. # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 14. Any other public structures and uses which are comparable in nature with the foregoing list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in section 10.08.00: * * * * * * * * * * * * * a� L T) .S E a ti M 00 M r 13. Any ether n rr i.. useswniGhh are Gemparable in nature with the E V foregoing uses. (� a 9 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT 2.03.07 — Overlay Zoning Districts 16.A.12.c Text underlined is new text to be added Text c+riketyhre gh 06 J�..y{ ono text to he deleted 1'F 1'F f1' fh fh fh fh fh F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO). * * * * * * * * * * * * * 2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as measured perpendicularly from the abutting right-of-way for a distance of approximately 3,600 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. a. Permitted Uses. * * * * * * * * * * * * * 42. Any other commercial use or professiGRal servi which is comparable in nature with the fereg A4g-list of permitted uses, and consistent with the purpose and intent statement of the overlay, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. * * * * * * * * * * * * * e. Conditional uses. �a J 0 w a� 0 c) as L E a ti on 00 M r 10 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1223 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT Text underlined is new text to be added Text strikethre. gh 66 GUFF8Rt text to he deleted Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in section 10.08.00 and as set forth below: iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: # # # # # # # # # # 10.02.06 — Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Comparable Use The County MaRager or desigRee may issue a wino Verifinotion letter to `Determine whether a use within a DI D S ed nsistent-ant7-ble with the surrounding e urronding uses within the DUD. To be ei-lenti�i� a zeninnyeFiftatTien letter shall he approved by the�hby resolution .mot an advertised p blin heerinotiid publin he in_ E b. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant 11 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1224 16.A.12.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT Text underlined is new text to be added Text otrikethrei gh is GLIFFono text to he deleted from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. d- c. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective. the ComDarable Use Determination shall be aDDroved by the Hearing Examiner by decision or CCPC by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and V. Business Dractices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. # # # # # # # # # # # # # 12 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16.A.12.c DRAFT Text underlined is new text to be added Text strikethre. gh is GUFF8Rt t8Xt 4e he deleted 10.03.06 Public Notice and Required Hearings for Land Use Petitions c J 0 O. AffirmatiOR or aApproval of a Comparable Use Determination pursuant to LDC section Winn V-1 ifi tIOR Letter that allow a ReW i i that io GGMparable � 10.02.06 K. �e„�--�mc�T�r-Leer—t��s ease o GOMpatible, and GGRsisteRt within a DI Ili V 1. The following advertised public hearings are required: a. One CCPC EGG or Hearing Examiner hearing. 2. The following notice procedures are required: T) a. Newspaper Advertisement prior to the advertised public hearing in S accordance with F.S. § 125.66. a M # # # # # # # # # # # # # M r 13 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1226 16.A.12.c Attachment A — Amendment History and PUD Language Amendment History • Ordinance 91-102 states within each commercial zoning district's list of permitted uses: o C-1/T "Any other commercial use of professional services which is comparable in nature with the foregoing uses" o C-2 "Any other convenience commercial use which is comparable in nature with the foregoing uses." o C-3 "Any other general commercial use which is comparable in nature with the foregoing uses" o C-4 "Any other general commercial use which is comparable in nature with the foregoing uses." o C-5 "Any other heavy commercial use which is comparable in nature with the foregoing uses." • Ordinance 93-89 modified the following language: o C-1/T "Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. o C-2 "Any other convenience commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district." o C-3 "Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, and service and office purposes consistent with the permitted uses and purpose and intent statement of the district." o C-4 "Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, and service and office purposes consistent with the permitted uses and purpose and intent statement of the district." o C-5 "Any other heavy commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district." • Ordinance 2002-03 introduced language included in current LDC section 2.03.00 • Ordinance 2002-31 removed the comparable use language under the permitted uses sections and relocated to conditional uses while also adding a reference that the determination is made by the BZA and removed language that was introduced in the 2002- 03 ordinance, as described above. o No clear explanation on amendment staff report as to why the change was needed • Ordinance 2003-01 added back to the C-1 district: "Any other commercial use or professional services which is comparable in the nature with the foregoing uses including 14 G:\LDC Amend m ents\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CU D\Com parable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1227 16.A.12.c Attachment A — Amendment History and PUD Language those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office." o No clear explanation on amendment staff report as to why the change was needed Existing Standards Existing PUDs Mini -Triangle PUD (Ord. 18-25): 1 I. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. Creekside Commerce Park (Ord. 18-19) 4-10. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Ford Test Center (Ord. 84-4) G. Any other use which is compatible in nature with the foregoing uses and which the Zoning Director determines to he compatible. Immokalee Regional Airport (Ord. 10-07) e. Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Kings Lake (Ord. 08-67) (29) Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zonin AApfs. Olde Cypress PUD (00-37) 6. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Orange Tree PUD (12-09) 45� Any _other principal use which is comparable in nature with the foregoing list of permitted Rrincipal uses as determined by the Board of Zoning Appeats BZA by the process outlined in the LDC or adopted by policy. 15 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1228 Attachment 6 —Administrative Code 16.A.12.c CAL. Zoning Verification Letter — PUDComparableUse Determination Reference LDC subsections 2.03.00 A, 10.02.06 JK, LDC Public Notice subsection 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. Applicability A Zoning VeFifieatien ' etterComparable Use Determination may be used to make a determination that a new use is comparable, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or a PUD ordinance. Depending on PlJD ordinance language, ene of the f II,,....., f consent by the Hearing Examiner ..,ill e Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Zoning VeF feetien 'ette .Comparable Use Determination Application" with the Ptea Zoning Division. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Site folio number; • Site Address; • Property owner's name; and • Verification being requested. 3. A narrative statement that describes tThe determination request�aR4 the justification for the use by a certified land use planner or a land use attorney, and addresses the standards within LDC section 10.02.06 K.2. 4. Additional materials may be requested by staff depending on the use and justification provided. 5. PUD Ordinance and Development Commitment information, if applicable. 6. Electronic copies of all documents. 7. Addressing checklist. Completeness The PlaRRiRg Zoning Division will review the application for completeness. After and Processing submission of the completed application packet accompanied with the required fee, the of Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This 16 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1229 Attachment 6 —Administrative Code 16.A.12.c petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. G* See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: • Date, time, and location of the hearing; • Application number and project name; • PUD name and ordinance number; • Proposed permitted use; and • \A.1hetheFthe u .ill be a ed- A affir,ti e d bythe LJeaFing C..-.,ti.inelc. and • Description of location. Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner or the CCPC. If the PUD ordinance language identifies the CCPC or the Planning; Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC for aooroval of the Comparable Use Determination. Review Process The °tea Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner or the CCPC for a decision. Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and Ordinances section 250-58. Updated 17 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\CUD\Comparable Use Determination - PL20200000389 BCC 09-29-2020.docx Packet Pg. 1230